CITY OF LA HABRA HEIGHTS

 

MINUTES OF A SPECIAL MEETING OF THE LA HABRA HEIGHTS

 

PLANNING COMMISSION

 

February 10, 2004

 

OPENING CEREMONIES

 

1.              CALL MEETING TO ORDER

 

            Chairman Wolfe called a meeting of the La Habra Heights Planning Commission to order at 7:35 p.m. at the Community Center, 1245 North Hacienda Road, La Habra Heights, California.

 

2.              ROLL CALL

 

            Those present: Chairman Robert Wolfe, Vice-Chairman Brian Bergman, Commissioners Larry Black, Robert Karman, and Margarita McCoy. Also present Interim Community Development Director Sandra Massa-Lavitt, Planning Technician Barbara Doppieri, City Attorney Sandra Levin and Deputy City Engineer Patrick Lang.

 

            Alternate Commissioner Garcia was absent.

 

3.         FLAG SALUTE

 

Margarita McCoy led the flag salute.

 

4.              ACKNOWLEDGEMENT OF POSTING OF AGENDA FOR MEETING OF

February 10, 2004

 

            Ms. Massa-Lavitt stated the agenda had been posted.

 

5.              ITEMS FROM THE PUBLIC NOT ON THE AGENDA 3-minute time limit per speaker

 

Chairman Wolfe asked if anyone wanted to speak on anything not on the agenda, seeing no one come forward he moved on to Item #6.

 

PUBLIC HEARINGS – OLD BUSINESS

 

6.         STANDARDS MODIFICATION 2003-31 (Hill) 2730 Casalero

 

Approval of Resolution 2004-02.

 

Chairman Wolfe asked if anyone from the public wished to speak on this item. Seeing no one come forward he asked the Commissions pleasure.

 

Vice-Chairman Bergman moved to approve Resolution 2004-02. Seconded by Commissioner Black.

 

Ayes:              Bergman, Black, Karman, McCoy and Wolfe.

Noes:              None

Absent            None

Abstain:         None

 

PUBLIC HEARING – NEW BUSINESS

 

Chairman Wolfe recused himself because this was his application and stepped down from the dais. Vice-Chairman Bergman took the chair.

 

7.         GRADING MODIFICATION 2004-01 (Wolfe) 1535 Solejar

 

Vice-Chairman Bergman asked for a staff report.

 

Ms. Massa-Lavitt stated this application is for installation of a swimming pool, spa, rock waterfall, slide, barbecue and fireplace in an outdoor project located at 1535 Solejar; the property was originally developed in 1988 before the current calculations were used for impervious coverage and drainage issues; the project is not located within any setbacks; natural slope of the property is 48%; there is a natural drainage course that runs along the front of the property; there is a flood hazard area on the lot that does combine for a natural drainage for the parcel; there were two concerns for staff; the drainage of the site and the potential exacerbation of the impervious surface area and the proximity to the neighbors; the water from this site flows into the natural drainage course and then flows into the Whittier Storm Drain System; it is estimated this project would not impact neighbors down stream; this project is not within any setbacks and the privacy issue can be dealt with by landscaping; staff is recommending approval of the project, the Grading Modification, resolution and the attached list of Conditions of Approval.

 

Vice-Chairman Bergman asked if the Commission had any questions for staff.

 

Commissioner McCoy asked if there were privacy concerns.

 

Ms. Massa-Lavitt stated no.

 

Vice-Chairman Bergman asked if this was the best location for the pool.

 

Ms. Massa-Lavitt stated yes; this is already a graded pad.

Vice-Chairman Bergman opened the public hearing.

 

Robert Wolfe, Solejar – stated they originally went with a more traditional style pool, however it would have required a lot more grading; the rock style pool tapers down the hillside; felt this is the least intrusive location; during the recent heavy winds they lost a couple of trees and lost some of their privacy, that is why they developed a landscape plan; they were over on their impervious coverage before they started due in part to their large driveway; 80% of the property remains in a natural state; this project meeting the findings required by the code.

 

Commissioner Black asked had the drainage channel ever had a lot of water in it.

 

Mr. Wolfe stated he only remembers seeing water flow in it one time.

 

Vice-Chairman Bergman asked regarding the landscaping.

 

Mr. Wolfe stated they have picked a variety of evergreen trees so the project wonÕt be seen for consistent privacy.

 

Vice-Chairman Bergman closed the public hearing.

 

Commissioner Black moved to approve Grading Modification 2004-01. Seconded by Commissioner Karman.

 

Ayes:              Bergman, Black, Garcia, Karman and McCoy.

Noes:              None

Absent            None

Abstain:         Wolfe

 

Chairman Wolfe retook the chair.

 

8.         STANDARDS MODIFICATION 2003-36, GRADING MODIFICATION 2004-02 AND CONDITIONAL USE PERMIT 2004-05 (Galvan) 448 East Road

 

Ms. Massa-Lavitt stated this is an application for a Standards Modification, Grading Modification and a Conditional Use Permit at 448 East Road; this parcel is just under an acre in size that will accommodate a two story 8,000 square foot home which includes a 3 car garage and a guest house; there are 8 parking spaces; the design of the project include an extraordinary amount of grading, nearly 4,000 cubic yards; the applicant has redesigned the project to reduce some of the impervious coverage; the applicant has also indicated they will landscape the westerly property line to avoid the impact of a new home on the residents to the west; the applicant has attempted to reduce the amounts of grading by splitting retaining wall heights to create landscape pockets; staff was about to make the findings for this application; staff recommends that staff approve the applications and the attached resolution.

 

Chairman Wolfe asked if the Commission had any questions of staff.

 

Vice-Chairman Bergman asked what the elevation was before it was lowered.

 

Ms. Massa-Lavitt stated they have lowered it about 3 feet; it was lowered to reduced the impacts to the neighbors; staff is torn about reducing it lower because of the grading quantities,

 

Chairman Wolfe opened the public hearing.

 

Mike Douglass, Long Beach – stated he reduced the impervious coverage; height of structures is within the building envelope; to create the pad they had to take into consideration several things; the driveway is limited by the sharp curve on East Road; driveway has a steep incline; visibly the neighbors would not want to look at the other option; they kept the house low to not block the view from the CookeÕs residence; wants a strong buffer of landscaping to protect the neighbors; crib wall is tiered to allow for a planter so it can be landscaped with substantial landscaping; site is not noticed from East Road; designed as a one story house from the entry, so it looks like a one story house from the entry.

 

Councilmember McCoy asked if the project would be served by a sanitary sewer system.

 

Mr. Douglass stated it will have a septic system, and the testing has been done.

 

Councilmember McCoy stated she had a concern that the story poles are not complete and it makes it hard to visualize the house.

 

Vice-Chairman Bergman asked if the building could be lowered even more.

 

Mr. Douglass stated right now they have a balanced cut and fill project, if they go lower there will be trucking of dirt.

 

Vice-Chairman Bergman had concerns with the very steep cut slopes.

 

Commissioner Black asked regarding the height of the keystone wall.

 

Mr. Douglass stated it steps up in 6-foot increments with a 5-foot landscape area.

 

Mr. Wilch, Civil Engineer – site is a balanced site, sitting approximately 15 feet above East Road; similar conditions exist on the two properties to the east; driveway approaches are all the same; elevation was set to balance the site; lowering the pad one foot will throw that cut and fill balance off; there would probably have to be some export of dirt from the site; roof of house was lowered, pad elevation was not changed; structure is within the building envelope; 1,970 cubic yards resulting in a balanced project; driveway will have a wide opening; maximum slope of the driveway is at 15%; the cut slopes are all 1 ½ : 1; they have been approved by the soils engineer; they are all behind the house and will not be visible; cut slopes were designed to eliminate the retaining walls; didnÕt feel that the lowering the pad elevation would improve the site.

 

Chairman Wolfe seeing no one else come forward closed the public hearing and brought the item back to the Planning Commission.

 

Vice-Chairman Bergman stated he was having trouble with the story poles with the size and massing of this home; didnÕt feel a CUP was necessary when you have a balanced project.

 

Commissioner McCoy disagreed; grading to make a balanced project produces a flat lot and is not preserving the character of our City.

 

Chairman Wolfe agreed a balanced project should not require a CUP.

 

Commissioner Black agreed.

 

Chairman Wolfe asked if the applicant would be willing to continue this item for six weeks.

 

The applicant agreed to the continuance.

 

Vice-Chairman Bergman moved to continue Standards Modification 2003-36, Grading Modification 2004-01 and Conditional Use Permit 2004-05 to the March 23, 2004 meeting. Seconded by Commissioner McCoy.

 

Ayes:              Bergman, Black, Karman, McCoy and Wolfe.

Noes:              None

Absent            None

Abstain:         None

 

9.         STANDARDS MODIFICATION 2003-46 & CONDITIONAL USE PERMIT 2004-02 (Vizconde) 1402 Cloister

 

            Ms. Massa-Lavitt stated the architect is redesigning the project to bring the roofline down. She asked to continue this item to the February 24, 2004 meeting.

 

Chairman Wolfe opened the public hearing.

 

William Hertzog, Cloister – spoke regarding the import of dirt and concrete to the site 20 years ago.

 

Barbara Stracner, Cloister – agreed truck loads of dirt and concrete were dumped on the site; most house on this street are ranch style houses; this will be significantly larger; it is an enormous house; house needs to be lower.

 

Marta Yackey, Clositer – stated the house is too tall; 16 feet is adequate.

George Yackey, Cloister – expressed his concern about the proposed structure; it is a huge home; story poles are 4-6 feet above the 16-foot line; 16 feet is reasonable; the additional footage should not be acceptable.

 

Commissioner McCoy moved to continue this item to the February 24, 2004 meeting. Seconded by Commissioner Karman.

           

AYES:            Bergman, Black, Karman, McCoy, and Wolfe

NOES:            None

ABSTAIN:    None

ABSENT:      None

 

10.       STUDY SESSION – LYNCH SPECIFIC PLAN

 

Ms. Massa-Lavitt explained she had asked the Planning Commission to hold a study session regarding the Lynch Specific Plan as it relates to the limits of grading and how you want to deal with these issues as some of these houses begin to install their accessory uses; there have been a couple of request for pools and they have complied with the requirement to stay within the limits of grading of the original subdivision improvements; others are requesting to construct improvements outside those limits of grading and create newly graded areas; is it reasonable to use the edge of grading limits on the as built grading plan; is the limits of grading line appropriate as the buildable area of for each lot; the limit of grading line generally follows the swale line of each of the lots; none of the improvements extend beyond the swale line; the City Council in their original deliberations were pretty strong in their feeling in the amount of grading that was going to occur in this canyon and what it ultimately would look like; staff asked for an interpretation from the Planning Commission.

 

Vice-Chairman Bergman asked if the limit of grading was easily defined.

 

Ms. Massa-Lavitt stated yes because they used the swale structures themselves as the edge of limits and you can see on each of the properties that the swale really does define the limits of grading line.

 

Commissioner McCoy stated the pads appear small and adding accessory structures crowds the lots; Councilmember Klein said the City Council wanted to prevent hardship claims coming before the City.

 

Chairman Wolfe stated the Specific Plan clearly states ŌThe greatest concern is being able to return the site as closely as possible to a natural stateĶ; these hillsides were to be protected.

 

Commissioner Black stated messing around with the drainage swales could cause a giant problem with drainage; one slight change affects everyone in the tract.

 

It was the consensus of the Commission that the drainage swale is the limit of grading and development cannot occur beyond the swale without an amendment to the Lynch Specific Plan.

 

Ms. Massa-Lavitt stated the new director would be starting February 26, 2004.

 

Vice-Chairman Bergman asked for a monthly report from staff on projects that are approved administratively.

 

ADJOURNMENT

 

Commissioner Black moved to adjourn the meeting at 10:10 p.m. The motion was seconded by Chairman Wolfe and approved as follows:

 

AYES:            Bergman, Black, Karman, McCoy, and Wolfe

NOES:            None

ABSTAIN:    None

ABSENT:      None

 

                                                                                   

Robert Wolfe, Chairman

 

 

ATTEST:

 

                                                                                   

Sandra Massa-Lavitt, Interim Community Development Director